The latest privacy proposals

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TODAY IN TECH

THE LATEST PRIVACY PROPOSALS — Lawmakers and tech groups aren’t waiting for the next Congress to lay down markers for what privacy legislation should look like. Sen.
Brian Schatz (D-Hawaii) and more than a dozen fellow Senate Democrats on Wednesday
rolled out a bill that, among other things, would bar companies from using personal data in ways that cause "harm" to users. Schatz expanded on the proposal during a session with reporters, saying it will be up to the FTC to decide what constitutes a "harm.” Tech companies are "going to have to come to the table and be better corporate citizens," he said.

— The elephant in the room: Schatz said any federal privacy legislation that pre-empts state law must be sufficiently robust or it won’t pass the Senate: “I just think we’re in a relatively strong bargaining position because they need something to happen federally, because otherwise something goes into place that they fear very much,” he said. That’s a reference to the industry’s desire to pass a bill that would pre-empt California’s privacy law, set to take effect in 2020. Schatz also acknowledged that while his bill lays down "broad principles," it doesn’t cover everything that would be needed in comprehensive privacy legislation.

FIRST IN MT: CDT UNVEILS ITS OWN MEASURE — The Center for Democracy and Technology is rolling out its privacy proposal today that would give consumers the right to access, correct, delete and transfer their data (with exceptions); codify definitions of key terms like “personal information”; limit the processing of certain information on biometrics and location; and require companies to implement data security and consumer complaint protocols. The measure calls for joint enforcement by the FTC and state attorneys general. But it also grants the FTC the power to pre-empt state action, and the bill itself would pre-empt state data privacy measures — such as the California law.

— “For too long, Americans’ digital privacy has been far from guaranteed, and it is time for Congress to pass legislation providing comprehensive protections for personal information,” said CDT President and CEO Nuala O'Connor in a statement. (Read the full proposal
here.)

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HAPPENING THIS WEEK

ANTI-MERGER GROUP TARGETS T-MOBILE-SPRINT — A new alliance of telecom companies, labor unions, trade associations and public interest groups is forming to try to take down the $26 billion merger between T-Mobile and Sprint,
Margaret reports in a dispatch out this morning.
DISH, wireless provider C Spire, the Communications Workers of America, the Rural Wireless Association and Public Knowledge are among 13 organizations comprising the 4Competition Coalition. The group will urge the FCC, Justice Department and state attorneys general to block the deal, and lobby lawmakers to hold hearings to scrutinize what its members say will be the harmful effects of the merger on consumers and competition.

— “This is a merger that will benefit a German company and a Japanese company, with price increases for U.S. consumers [and] job cuts for U.S. consumers — this is not in the public interest,” said Debbie Goldman, telecommunications policy director for CWA.

SHOULD TRUMP INTERVENE ON HUAWEI CASE? — Not if you ask Sen.
Richard Blumenthal (D-Conn.), who on Wednesday
said it would be "very disturbing” for President Donald Trump to wade into the legal proceedings. The president said Wednesday that he would “certainly intervene” in the case involving Huawei Chief Financial Officer Meng Wanzhou if it was “good for national security” and for trade negotiations with China. But Blumenthal blasted that idea, saying it "makes it look like law enforcement is a tool of either trade or political or diplomatic ends of this country.” (Meng was arrested in Canada, and the U.S. is seeking her extradition on fraud charges related to alleged breaches of sanctions against Iran.)

— But some think the president may have a point. “I agree with Trump,” said ITIF President Robert Atkinson. “Look, this is the most important thing in the country with regard to China, is getting this trade relationship right.” Atkinson said the ongoing trade negotiations with China might provide the president a “legitimate reason” to intervene. “The national interest should come first,” he said, adding that thwarting discussions to follow through on the prosecution would be like “cutting off our nose to spite our face.”

TODAY: ‘MAJOR’ BROADBAND ANNOUNCEMENT INBOUND — Sen.
Shelley Moore Capito (R-W.Va.) and Secretary of Agriculture Sonny Perdue are set to unveil “a major rural broadband announcement,” according to a news release. “Through her Capito Connect program, Senator Capito has made improving connectivity and closing the digital divide in West Virginia a top priority,” her office said. Stay tuned for more details.

SLAUGHTER BACKS PEPPER OVER APPLE — FTC Commissioner Rebecca Kelly Slaughter is publicly backing consumers who allege Apple’s App Store holds monopolistic power, in
the lawsuit
Apple v. Pepper. The Supreme Court last month held oral arguments in the case, which could settle the matter of whether a third-party distributor can be sued by consumers for prices that, to an extent, are determined by an outside seller.

— “The Justice Department supported Apple’s reasoning before the court,” Slaughter
writes for The New York Times. “I sit on the Federal Trade Commission, the agency that is jointly responsible, with the Justice Department, for enforcement of antitrust laws, and I strongly disagree with our sister agency’s position.” The commissioner goes on to argue that “people harmed by a company’s illegal monopolistic conduct should be able to seek a remedy from our federal courts.”

TWITTER JOINS NETCHOICE — Tech trade association NetChoice has added Twitter to its ranks, bringing its total membership count to 31, the group tells MT. "NetChoice fights to keep the internet safe for free enterprise and free expression, and we’re excited to have Twitter’s support," NetChoice spokesman Robert Winterton said. Twitter joins Facebook, Google, Alibaba and other top industry players repped by the group.

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About The Author : Cristiano Lima

Cristiano M. Lima is a technology reporter covering politics and policy on Capitol Hill. He is the former author of the Morning Tech newsletter. Prior, he worked as a breaking news reporter for POLITICO, covering the White House, Congress, the media industry and public policy. Cristiano first joined POLITICO as a senior web producer in 2016, managing social media accounts, producing content for the web, covering breaking news, contributing to the Morning Media and California Playbook newsletters and serving stints as a web editor.

A Brazilian-American journalist, Cristiano previously worked as a TV producer and reporter for Al Jazeera and Pennsylvania's WFMZ, a radio host for local NPR-affiliate WDIY and an intern for various other outlets. He's a two-time graduate of Lehigh University, earning both a Master's in 2016 as a Community Fellow and a Bachelor's in 2013 in politics and policy.